Page 6 - Lozano Smith Surplus Property Checklist 2023
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Meet with key political players in City or County having jurisdiction to ensure that highest
                       and best use recommendations have potential for obtaining development approvals.

                      If possible, obtain information from City or County which outlines its approval process
                       (e.g., allowable densities and land uses, fees, exactions).

                      Meet with key homeowners’ associations and community leaders concerning
                       recommended development plan.

               III. Board Action Declaring Property Surplus
                   Although the Education Code does not require the District to adopt an initial resolution to
                   commence the process of whether to declare District property as surplus, as of January 1,
                   2020, the District must declare the property as “surplus land” or “exempt surplus land”
                   pursuant to Government Code section 54221(b)(1).  The declaration must be made at a
                   regular meeting and must be supported by written findings.  Generally, most or all school
                   district real property is likely to fall into the category of “exempt surplus land.”  Declaring the
                   property as exempt surplus land will mean that the majority of the requirements in
                   Government Code sections 54220, et seq., will not apply, except for the requirement to
                   make written solicitations to agencies to purchase or lease the property for park and
                   recreational purposes.  Pursuant to the Guidelines adopted by the Department of Housing
                   and Community Development (“HCD”) in April of 2021, the written findings must be
                   submitted to HCD for review at least 30 days prior to “disposition” of the property.  Because
                   these are new and evolving requirements, the District may wish to consult with its legal

                   The Board may wish to make the above declaration in a resolution, which action would be
                   preliminary to the later resolution of intent to lease or sell the property, and can be used to
                   trigger the offer of the property to other public agencies.  To do so, the Board can adopt a
                   resolution taking each of the following actions:

                      Consider the 7-11 Committee’s recommendations.  (Ed. Code § 17388.)

                      Describe the property to be declared surplus.

                      Declare the property as exempt surplus land.

                      Authorize offers to other public agencies.

               IV. Required Offers
               A.  Offers Required by the Naylor Act
                   Determine whether the Naylor Act (Ed. Code §§ 17485, et seq.) applies.  The Naylor Act
                   applies when all of the following conditions are present (Ed. Code § 17486):

               {SR809018}                                  Checklist for Sale or Lease of School District Surplus Property   5
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